Prosecutorial Immunity

459 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Marlowe v. Coakley
  404 F.2d 70· 9th Cir.· 1968-11-22 ·cited 11×
  Prosecuting attorneys are immune from civil liability for acts committed in the performance of duties that are an integral part of the judicial process.
• Johnson v. Odom
  910 F.2d 1273· 5th Cir.· 1990-09-07 ·cited 10×
  The court held that the defendants were not entitled to absolute immunity and that genuine issues of material fact existed regarding their claims for qualified immunity, thus affirming the denial of their motion for summary judgment.
• Christensen v. Ward
  916 F.2d 1462· 10th Cir.· 1990-06-29 ·cited 10×
  The court affirmed the district court's dismissal of the plaintiff's claims, finding that the defendants were immune from suit and that the plaintiff failed to present a valid issue for trial.
• Ellery Cornelius Oliver v. Collins
  904 F.2d 278· 5th Cir.· 1990-06-28 ·cited 10×
  The court held that it had jurisdiction to hear the appeal despite the parties' agreement to appeal to the district court, as the appellees waived their right to enforce that agreement. The court affirmed in part and remanded for further findings regarding the need for a trial tr
• Babcock v. Tyler
  884 F.2d 497· 9th Cir.· 1989-09-06 ·cited 10×
  Washington Department of Social and Health Services caseworkers are entitled to absolute immunity for their actions taken in child dependency proceedings, including post-adjudication activities.
• Hammond v. Waldo Bales and Roger Hammond
  843 F.2d 1320· 10th Cir.· 1988-04-08 ·cited 10×
  A prosecutor is absolutely immune from suit for actions taken within the scope of his prosecutorial duties, including offering to dismiss criminal charges in exchange for a release of civil liability, provided the agreement is voluntary and the prosecutor has legitimate reasons f
• Williams v. Hartje
  827 F.2d 1203· 8th Cir.· 1987-08-28 ·cited 10×
  The court held that the statute of limitations barred claims against the City of Conway and its employees due to lack of fraudulent concealment, but claims against Faulkner County and its employees were not time-barred due to alleged concealment. The court also held that the pros
• Pryzina v. LEY
  813 F.2d 821· 7th Cir.· 1987-03-04 ·cited 10×
  The court held that the action was barred by the Tax Injunction Act and the principle of comity, and that judicial and prosecutorial defendants were immune from liability.
• Siano v. Justices OF Massachusetts
  698 F.2d 52· 1st Cir.· 1983-01-21 ·cited 10×
  A prosecutor is absolutely immune from civil liability for actions taken in initiating a prosecution and presenting the state's case, and a claim against state Justices for affirming a conviction, even if erroneous, does not state a constitutional claim actionable under § 1983.
• Hoston v. Silbert
  681 F.2d 876· D.C. Cir.· 1982-06-29 ·cited 10×
  The court held that the district court erred in dismissing the wrongful death action for lack of subject-matter jurisdiction under the FTCA, as the complaint alleged sufficient facts to establish jurisdiction.
• MacKo v. Bryon
  641 F.2d 447· 6th Cir.· 1981-02-19 ·cited 10×
  The court held that prosecutorial immunity applies to prosecutors acting within their official duties and that a claim under 42 U.S.C. § 1985(3) requires an allegation of class-based discriminatory animus.
• Mrs. Susie Lite Morrison and Clarence Morrison, Sr. v. City OF Baton Rouge
  614 F.2d 77· 5th Cir.· 1980-03-20 ·cited 10×
  The court held that it lacked jurisdiction to hear the appeal because the district court failed to enter a final judgment under Rule 54(b).
• Kulwicki v. Dawson
  969 F.2d 1454· 3d Cir.· 1992-07-02 ·cited 9×
  The court held that a prosecutor is absolutely immune from suit for initiating criminal charges, even if motivated by personal animus, and that appellate jurisdiction exists over denials of immunity claims even with disputed facts.
• Lloyd v. Hines
  474 So. 2d 376· Fla. 1st DCA· 1985-08-13 ·cited 9×
  Winston Lloyd appealed the dismissal of his civil rights complaint arising from his 1980 arrest on 30 felony charges. The court affirmed dismissal against the prosecutor and FDLE analyst but reversed dismissal against the deputy sheriffs and sheriff, finding viable § 1983 claims
• Jona Goldschmidt v. Patchett
  686 F.2d 582· 7th Cir.· 1982-08-16 ·cited 9×
  The court held that the complaint failed to allege injury flowing from a constitutional deprivation, making dismissal proper.
• McCLAIN v. Honorable Charles Kitchen
  659 F.2d 870· 8th Cir.· 1981-09-23 ·cited 9×
  The court held that the district court correctly dismissed the habeas corpus petition for failure to exhaust state remedies and the civil rights claims for failure to state a cause of action.
• Christopher C. DAY, Ph.D. v. Morgenthau
  909 F.2d 75· 2d Cir.· 1990-08-29 ·cited 8×
  The court held that the plaintiff's claims were time-barred because they were filed one day after the three-year statute of limitations expired, applying Federal Rule of Civil Procedure 6(a) and New York General Construction Law § 20.
• Robinson v. Maruffi
  895 F.2d 649· 10th Cir.· 1990-01-19 ·cited 8×
  The court held that the civil rights action based on conspiracy for malicious prosecution was not time-barred, and that the defendants' actions were not shielded by subsequent prosecutorial or judicial decisions.
• Lyons v. Sheetz
  834 F.2d 493· 5th Cir.· 1987-12-16 ·cited 8×
  The court held that the dismissals of the appellants' lawsuits were proper because they failed to state a claim under 42 U.S.C. § 1983, involved federal officials acting under federal law, and were frivolous or relitigated prior claims.
• Soung O. Kwoun v. Se. Mo. Prof'l Standards Review Org.
  811 F.2d 401· 8th Cir.· 1987-02-04 ·cited 8×
  The court should not blindly accord absolute immunity to all federal defendants or SEMO defendants for alleged constitutional violations.
• Cameo Convalescent Ctr., Inc. v. Percy
  800 F.2d 108· 7th Cir.· 1986-08-27 ·cited 8×
  The court held that the district court did not err in granting summary judgment based on the intervening Supreme Court decision in Hudson v. Palmer, as adequate post-deprivation remedies existed under state law.
• Maglione v. Briggs
  748 F.2d 116· 2d Cir.· 1984-11-16 ·cited 8×
  Summary judgment for the prosecutor on civil rights claims was proper due to absolute immunity for grand jury presentation, but the denial of attorney's fees must be reconsidered.
• Campbell v. Patterson
  724 F.2d 41· 6th Cir.· 1983-12-29 ·cited 8×
  The court affirmed dismissal of claims against the Attorney General and prison officials based on absolute immunity, but remanded claims against prosecutors for reconsideration of qualified immunity.
• O'Connor v. State OF Nev.
  686 F.2d 749· 9th Cir.· 1982-08-24 ·cited 8×
  The court affirmed the dismissal of the civil rights actions, finding that judicial and prosecutorial immunity applied to certain defendants and the Eleventh Amendment barred claims against state entities.
• Price v. Moody
  677 F.2d 676· 8th Cir.· 1982-05-13 ·cited 8×
  The court held that a prosecutor is not entitled to absolute immunity for actions taken outside the scope of his prosecutorial duties, even if those actions are alleged to have occurred under color of state law.
• Triplett v. Azordegan
  570 F.2d 819· 8th Cir.· 1978-02-21 ·cited 8×
  The court held that the appellant failed to state a claim under 42 U.S.C. § 1983 because the appellee prosecutor's actions, both in obtaining the confession and in his alleged concealment, were either not actionable or not performed under color of state law.
• Weathers v. Ebert
  505 F.2d 514· 4th Cir.· 1974-11-13 ·cited 8×
  A Commonwealth's Attorney is immune from suit for actions taken in his official capacity, absent specific allegations of intentional abuse of power.
• Eagan v. Honorable Peter M. DeMANIO
  294 So. 2d 639· Fla.· 1974-05-15 ·cited 8×
  Prosecutors are not subject to deposition for investigatory acts performed in their prosecutorial capacity, as this would impede prosecutions and is not required by discovery rules absent a showing of materiality and justice.
• Smith v. Dougherty
  286 F.2d 777· 7th Cir.· 1961-02-16 ·cited 8×
  Judges, State's Attorneys, and Sheriffs are immune from civil liability for acts performed in their official capacities under the civil rights statutes, absent a showing of purposeful and systematic discrimination.
• Irwin Schrob v. Catterson
  967 F.2d 929· 3d Cir.· 1992-06-29 ·cited 7×
  An order denying a motion to substitute the United States as a defendant without prejudice, pending further discovery on the scope of employment issue, is not immediately appealable under the collateral order doctrine because it does not conclusively determine the disputed questi
• Walter Clyde White By next friend Jean Swafford v. Gerbitz
  860 F.2d 661· 6th Cir.· 1988-10-20 ·cited 7×
  The court held that filing a claim with the Tennessee Claims Commission operates as a waiver of any cognate federal cause of action against state officers or employees, as mandated by Tenn.Code Ann. § 9-8-307(b).
• Betts v. Richard
  726 F.2d 79· 2d Cir.· 1984-01-23 ·cited 7×
  A prosecutor is absolutely immune from liability under 42 U.S.C. § 1983 for actions taken in procuring the attendance of a witness for trial, even if motivated by improper purposes.
• Marrero v. City OF Hialeah
  625 F.2d 499· 5th Cir.· 1980-08-04 ·cited 7×
  A prosecutor is not absolutely immune from liability for damages under 42 U.S.C. § 1983 when engaging in investigative or defamatory conduct outside of quasi-judicial roles. Municipalities can be sued under § 1983.
• Cowart v. Duro
  2023 WL 5069482· M.D. Fla.· 2024-10-11 ·cited 6×
  The court held that the plaintiff's amended complaint contained numerous deficiencies, including failure to state a claim, improper citation of statutes, and claims barred by immunity doctrines, requiring a second amended complaint.
• Parrotino v. The City OF Jacksonville
  612 So. 2d 586· Fla. 1st DCA· 1992-12-15 ·cited 6×
  The estate of Diana McFarland sued the City of Jacksonville and the State Attorney's Office after McFarland was killed by James Wilson, whom she had reported to authorities. The court held that while the police owed no duty of care, the State Attorney's Office created a duty by v
• Webster v. Attorney
  913 F.2d 510· 8th Cir.· 1990-09-05 ·cited 6×
  A claim for deprivation of a prompt judicial determination of probable cause under Gerstein v. Pugh survives a subsequent conviction for the underlying offense and is not barred by collateral estoppel. A pro se plaintiff's allegations against a sheriff, liberally construed, may b
• Heller v. Plave
  743 F. Supp. 1553· S.D. Fla.· 1990-07-18 ·cited 6×
  The court held that IRS agents are not entitled to absolute immunity for investigative actions and that the prior finding of witness perjury is dispositive, while denying summary judgment on qualified immunity due to disputed facts regarding the violation of clearly established l
• Burns v. Reed
  894 F.2d 949· 7th Cir.· 1990-02-06 ·cited 6×
• Schloss v. Patrolman Bouse
  876 F.2d 287· 2d Cir.· 1989-05-30 ·cited 6×
  A prosecutor is entitled to absolute immunity from a damages suit challenging a demand for a release in exchange for a decision not to prosecute, as this is considered a prosecutorial function.
• Borunda v. Richmond
  885 F.2d 1384· 9th Cir.· 1988-11-03 ·cited 6×
  The court held that the admission of evidence of prior acquittals and attorneys' fees incurred in the criminal case was not an abuse of discretion, and the denial of motions for nonsuit and directed verdict was proper.
• Liffiton v. Keuker
  850 F.2d 73· 2d Cir.· 1988-06-21 ·cited 6×
  Prosecutors are entitled to absolute immunity for judicial acts but only qualified immunity for investigative acts, and municipal liability requires proof of a policy. Claims against the state, a justice, a prosecutor for investigative acts, the county, and bank employees were pr
• Rudow v. The City OF NEW York
  822 F.2d 324· 2d Cir.· 1987-07-02 ·cited 6×
  A municipal attorney acting in a prosecutorial capacity is absolutely immune from liability for actions taken within the scope of that role, even if those actions involve misconduct or conflicts of interest, provided they are not taken in the clear absence of all jurisdiction. Fu
• Mairena v. Foti
  816 F.2d 1061· 5th Cir.· 1987-05-18 ·cited 6×
  The court held that the evidence supported the jury's finding that the District Attorney's office's failure to have a procedure for canceling material witness warrants constituted a custom or policy that violated the plaintiff's constitutional rights, and that the jury's damage a
• Rowland Lamar Allen v. Thompson
  815 F.2d 1433· 11th Cir.· 1987-05-04 ·cited 6×
  Federal prosecutors are absolutely immune from civil liability for damages when providing information to the Parole Commission, as this activity is intimately associated with the judicial phase of the criminal process.
• White v. Murphy
  789 F.2d 614· 8th Cir.· 1986-04-24 ·cited 6×
  The court affirmed the district court's dismissals and summary judgment, finding claims barred by statute of limitations, immunity, res judicata, and collateral estoppel, or lacking sufficient evidence.
• Russell v. Millsap
  781 F.2d 381· 5th Cir.· 1985-12-27 ·cited 6×
  The court held that the district court did not err in dismissing the pro se § 1983 suit as frivolous and in awarding attorneys' fees to the defendants.
• Martinez v. Winner
  778 F.2d 553· 10th Cir.· 1985-11-29 ·cited 6×
  The court held that Jan Chapman, as a prosecutor, is entitled to absolute immunity for statements made in an affidavit filed during a criminal prosecution, even if those statements were allegedly misrepresented.
• Ashelman v. Hon. Gary Pope
  769 F.2d 1360· 9th Cir.· 1985-08-27 ·cited 6×
  Judicial and prosecutorial immunity do not shield officials from claims of conspiracy to deprive constitutional rights, and a prisoner is entitled to amend a complaint alleging such conspiracy before discovery.
• Werle v. R.I. BAR Ass'n
  755 F.2d 195· 1st Cir.· 1985-02-25 ·cited 6×
  The court held that even if the appellees were state actors, they were entitled to absolute or qualified immunity from damages liability under 42 U.S.C. § 1983 for their actions in investigating and sending a cease and desist letter regarding the unauthorized practice of law.
• Davis v. Rendell
  659 F.2d 374· 3d Cir.· 1981-09-15 ·cited 6×
  The court held that the district court should address the prosecutor's immunity defense in the first instance, and that the case should be remanded for further proceedings.